BY ACCESSING OR USING THE WEBSITE, OR ANY PORTION OF THE WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND ASSENT TO AND ARE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE THE WEBSITE.
- Definitions. As used in these Terms and Conditions, the words “you” and “your” shall refer to each Website visitor or use, and the words “we”, “us”, and “our” shall refer to Three W and the Website. The term “Affiliates” shall include Three W’s licensees, predecessors in interest, successors in interest, assigns, parent companies, subsidiaries, affiliated companies, agents, representatives, officers, directors, shareholders, employees, contractors, partners, and includes (without limitation) all parties involved in creating, producing, and delivering this Website and the Content available on this Website.
- Modifications. Three W reserves the right, in its sole discretion, without notice, to change, modify, add, or remove portions of these Terms and Conditions at any time. It is your responsibility to review these Terms and Conditions regularly to check for any changes or modifications. Your continued use of the Website after any change to the Terms and Conditions shall constitute your acceptance and agreement to any such changes.
- Ownership. The Website is owned and operated by Three W. All right, title, and interest in and to the materials contained on the Website, including, but not limited to, information, documents, communications, software, published works, user interfaces, visual interfaces, photographs, video, graphics, text, music, sounds, trademarks, logos, artwork, and computer code (the “Content”) is owned, controlled, or licensed by or to Three W and/or its Affiliates, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. Except as expressly provided on the Website or in these Terms and Conditions, none of the Content may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, translated, or distributed in any way to any other computer, server, website, or other medium for publication or distribution or for any commercial enterprise without the prior written consent of Three W. Further, nothing on the Website or in these Terms of Service shall be construed to confer any license of any of Three W’s or its Affiliates’ intellectual property rights, whether by estoppel, implication, or otherwise. Any rights not expressly granted herein are reserved by Three W.
- Website Use. Three W grants you a limited, revocable, nonexclusive license to use the Website solely for your own personal and informational purposes. You are not authorized to access or use the Website for any commercial purposes whatsoever without the prior written consent of Three W. Unless expressly provided otherwise in these Terms and Condition or on the Website, you agree not to copy materials on the Website, reverse engineer, or break into the Website, or use any Content in violation of any laws or regulations. Your use of the Website is at the discretion of Three W and Three W may terminate your use of the Website and/or block your access to the Website at any time, without notice, with or without cause. You agree that Three W will not be liable to you or to any third party for the termination of your access to the Website for any reason. Activities which are strictly prohibited under these Terms and Conditions shall include, but are not limited to:
- Accessing or using the Website or Content for illegal or unlawful purposes or in any other manner which infringes on the rights of Three W, its Affiliates, or any other person or entity;
- Accessing, acquiring, copying, monitoring, probing, scanning, or testing any portion of the Website, Content, Three W’s servers, or connected networks by means of any “robot”, “spider”, “deep-link”, “page scrape”, or other automatic or manual device, program, or methodology;
- Reproducing or bypassing the structure or presentation of the Website or Content, or obtaining or attempting to obtain any Content or other material, documents, or information not purposely made available to you by Three W, including, but not limited to, the identity and personal information of any other user or visitor to the Website;
- Attempting to gain access to any portion of the Website or Three W’s servers, or any systems or networks connected thereto, through illegitimate, illegal, unlawful, or unauthorized means;
- Interfering with the operation of the Website, Three W’s servers, or any network connected thereto, or any other party’s use of the Website or Content;
- Using the Website or Content in any other manner which is inconsistent with these Terms and Conditions.
- Limited License to Download. Three W grants you a limited, revocable, nonexclusive license to download one single copy of that Content located on the Website which is purposely made available by Three W for downloading (“Downloadable Content”), provided that (i) the Downloadable Content is used for personal, informational, non-commercial, transitory viewing purposes only; (ii) no public display is made of the Downloadable Content; (iii) the Downloadable Content is not modified in any way; (iv) no trademark, copyright, patent, or other proprietary notices are removed from the Downloadable Content; and (v) you do not transfer the Downloadable Content to any other party or “mirror” the Downloadable Content on any other server. The license granted herein terminates automatically without notice if you breach any provision of these Terms and Conditions. If such license is terminated you agree to immediately destroy any and all Downloadable Content downloaded from the Website. Any unauthorized use of any Content, including the Downloadable Content, may constitute a violation of copyright laws, trademark laws, laws of privacy and publicity, communication regulations and statutes, as well as other laws, rules, regulations, and statutes.
- Injunctive Relief. You acknowledge and agree that your violation of these Terms and Conditions would constitute unlawful and unfair business practices resulting in “irreparable injury” to Three W and/or its Affiliates for which damages will be substantial and difficult, if not impossible, to ascertain, and that money damages may not afford Three W or its Affiliates adequate relief. You hereby agrees that, in the event of your breach of these Terms and Conditions, or your threatened or attempted breach hereof, Three W and/or its Affiliates will be entitled to injunctive relief in any court or other tribunal of competent jurisdiction, and accordingly you consents and stipulates to the entry of such injunctive relief prohibiting you from taking any action which would constitute a breach or continuing breach of these Terms and Conditions. The foregoing remedies are not exclusive but are cumulative and in addition to any other remedies now or hereafter available to Three W and its Affiliates under these Terms and Conditions, at law, or in equity.
- Links to Third Party Sites. The Website may contain links to websites controlled by parties other than Three W (“Third Party Site(s)”). While Three W makes every effort to work with trusted, reputable providers, from time to time Third Party Sites may contain information, material, or policies that some may find inappropriate or personally objectionable. Three W is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services, or use of any Third Party Site, any website accessed from a Third Party Site, or any changes or updates to such sites. Further, Three W makes no guarantees regarding the content or quality of the products or services provided by Third Party Sites and shall in no case be responsible for webcasts or any other forms of transmission received from any Third Party Site. Three W provides links to Third Party Sites only as a convenience, and the inclusion of any link does not imply any endorsement of or association with the Third Party Site. You acknowledge and agree that you shall bear all risks associated with access to any and all Third Party Sites and use of any and all content provided therein and agree that Three W shall not be responsible for any loss or damage of any kind arising from or related to any dealings with third parties or Third Party Sites.
- Disclaimer. THE WEBSITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THREE W EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. THREE W MAKES NO WARRANTY THAT: (A) THE WEBSITE OR THE CONTENT WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE OR THE CONTENTS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, OR ANY CONTENT OFFERED THROUGH THE WEBSITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE WEBSITE, OR YOUR RELIANCE ON SUCH MATERIALS, WILL MEET YOUR EXPECTATIONS OR WILL BE SUITABLE FOR YOUR INTENDED USE OR CIRCUMSTANCES. THREE W DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS, AND CONDUCT OF ANY THIRD PARIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBVSITE. OBTAINING ANY MATERIALS THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. THREE W SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION, OR SOFTWARE. FURTHER, YOUR SOLE REMEMDY AGAINST THREE W FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT LOCATED THEREIN IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THE FOREGOING DISCLAIMERS APPLY TO ANY AND ALL DAMAGES, COSTS, EXPENSES, LAIBILITY, OR INJURY, HOWEVER CAUSED, WHICH RELATE TO, ARISE OUT OF, OR RESULT FROM YOUR ACCESS OR USE OF THE WEBSITE, CONTENT, AND ANY AND ALL THIRD PARTY SITES.
- Limitation of Liability. IN NO EVENT SHALL THREE W OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, OR OTHER ECONOMIC ADVANTAGE, HOWEVER IT ARISES, WHETHER IN AN ACTION UPON A CONTRACT, NEGLIGENCE, OTHER TORTIOUS ACTION, OR OTHERWISE, OR ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE DOWNLOADABLE MATERIAL, AVAILABLE ON OR FROM THE WEBSITE, EVEN IF THREE W HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF YOUR USE OF THE WEBSITE OR THE CONTENT ON THE WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR, OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME LIABILITY FOR ANY AND ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH INSTANCE THE MAXIMUM LIABILITY OF THREE W TO YOU SHALL BE US$100.00 OR THE LOWEST AMOUNT ALLOWABLE UNDER APPLICABLE LAWS.
- Copyright and Trademarks. Three W is the copyright owner or authorized licensee of all text and all graphics contained on the Website. The trademarks, service marks, and logos used and displayed on the Website are Three W’s and/or its Affiliates’ registered and unregistered trademarks. All trademarks and service marks of Three W and/or its Affiliates that may be referred to on the Website are the property of Three W and/or its Affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Three W’s and/or its Affiliates’ trademarks or service marks without Three W’s and/or its Affiliates’ prior written consent. Three W aggressively enforces its intellectual property rights. Neither the name of Three W nor any of Three W’s other trademarks, service marks, or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity, or promotional materials of any kind, whether relating to the Website or otherwise, without Three W’s prior written consent. If you believe that any Content on the Website violates any of your intellectual property rights, please contact Three W at the address set forth at the bottom of these Terms and Conditions.
- Compliance with Intellectual Property Laws. When accessing or using the Website or Content you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Website and Content is at all times governed by and subject to laws regarding copyright, trademark, and other intellectual property ownership. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by your access or use of the Website or Content.
- Compliance with Export Restrictions. You may not access, download, use, export, or re-export the Website or Content, or any copy or adaptation thereof, or any product or service offered on the Website, in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export, as may be required.
- Indemnification. You agree to defend, indemnify, and hold Three W and its Affiliates harmless from and against any and all demands, claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, relating to, arising out of, or connected in any way to (i) your access and use of the Website and Contents, (ii) your failure to comply with these Terms and Conditions, (iii) your breach of your obligations under these Terms and Conditions, and (iv) your violation of any third party rights, including, without limitation, any copyright, trademark, property, or privacy rights.
- Void Where Prohibited. Three W operates and administers the Website from its locations in Los Angeles, California, and Orlando, Florida, and this Website and the Contents are intended to comply with the laws and regulations of the United States. Although the information on this Website may be accessible outside of the United States, not all features, products, or services discussed, reference, provided or offered through or on the Website may be available to all persons or in all geographic locations. Further, other countries may have laws, regulatory requirements, and practices that differ from those in the United States which may render the Website or Content, and/or related features, products, or services, unavailable or inappropriate for use outside the United States. Three W reserves the right to limit the provision and quantity of any features and products or services to any person, geographic region, or jurisdiction. Any offer of any feature, product, or service made on this Website is void where prohibited. You hereby agree that if you access this Website or Content outside of the United States, you do so on your own initiative and volition and you are solely responsibility for complying with applicable local laws.
- Governing Law; Venue. You expressly agree that all matters relating to your access and use of the Website or Content, including all disputes, shall be governed by and interpreted in accordance with the laws of the State of California, without regard to its conflict of laws provisions. You agree to the personal jurisdiction of and venue in the state and federal courts of Los Angeles County, California, and waive any objection to such jurisdiction or venue. You further agree that you must bring any claim or cause of action arising out of, related to, or connected in any way to these Terms and Conditions, or your access or use of the Website or Content, in a court of competent jurisdiction within one (1) year after the claim or cause of action arises, or such claim or cause of action shall be barred. You further agree that out-of-pocket expenses shall be the only recovery either sought or received by you for damages in connection with any such claim or cause of action, and that the prevailing party in any such action shall be entitled to an award of costs and reasonable attorneys’ fees.
- Attorneys’ Fees. If Three W initiates any legal action against you resulting from your access or use of the Website or Content, or your violation of these Terms and Conditions, you hereby agree that Three W will be entitled to recover from you, in addition to any other relief granted to Three W, all reasonable attorneys’ fees and costs arising out of or relating to such action.
- Severability. If any provision of these Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be invalid for any reason, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that most closely conforms to the intent of these Terms and Conditions. Any such invalidity shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
- Waiver. No waiver of any provision of these Terms and Conditions shall be deemed a further or continuing waiver of such provision or any other provision, and Three W’s failure to assert any right or require any performance under these Terms and Conditions shall not constitute a waiver of such right or performance.
By accessing and using the Website and Content you consent to and agree to be bound by these Terms and Conditions. Three W reserves the right to change any portion of these Terms and Conditions at any time without notice, and your access and use of the Website and Content following any amendment will signify your assent to and acceptance of such revised terms.
Copyright © 2011-2015 Three-W U.S., Incorporated, dba Three W International
Three-W U.S., Incorporated, dba Three W International
2121 Avenue of the Stars
Los Angeles, California 90067
Updated by Three W International on March 23, 2015.